DSL Northwest provides Internet bandwidth and hosting services for its customers. Other than for its own uses, DSL Northwest produces no content for transit across its network. DSL Northwest serves its customers by providing Internet access for the transmission of information. We require that when you, our customer, agree to purchase Service from us, you will use our Service legally and responsibly. The intent of this policy is to make clear certain uses which are inconsistent with our Acceptable Use Policy and not to exhaustively enumerate all such possible uses acceptable or not. You accept the primary responsibility to decide whether any particular use is acceptable. In return for your legal and responsible use of our Service, DSL Northwest will not review, censure, or limit the use of your Service in any way.

DSL Northwest's Internet Services may only be used for lawful purposes. Transmission of any material that is deemed in violation of any federal or state regulation either at the sender's, recipient's or DSL Northwest's site is prohibited. This includes copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Unlawful access of anyone's computer system or network is prohibited. DSL Northwest cooperates fully with all enforcement officials investigating unlawful behavior on our network. Anyone who publishes materials and information which are accessible through DSL Northwest's network is solely responsible for the content of such materials and information and is solely responsible to know and comply with all laws applicable to the publication and distribution of such materials and information. DSL Northwest does not accept responsibility for the content of the materials and information published by others which is accessible through the DSL Northwest network and does not accept responsibility for the violation of any laws resulting from such publication or distribution.

We exercise no control over the content of the information passing through our network; we only provide access. You must take responsibility for your actions on the network and those networks you access through us. You must comply with whatever rules or Acceptable Use Policies that are appropriate for those networks you access. You accept the responsibility to avoid whatever material you find offensive. If, as a result of your actions, you interfere with others' use and enjoyment of the Services provided by DSL Northwest, you cause undesired and unwarranted expense to others, or you damage the name or reputation of DSL Northwest, you are in violation of this Acceptable Use Policy.

You must ensure that your friends and/or family do not act in a way that violates our Acceptable Use Policy as well. You will be required to bring your friends and/or family into compliance or risk your Service being discontinued.

Unauthorized Access:

You are expected to respect the right of privacy of others. Any unauthorized attempt to access or modify computer system information or to interfere with normal system operations, whether that of DSL Northwest or of any computer system or network that is accessed by our services, is a violation.

Unacceptable use includes:

• guessing or using passwords other than your own;
• accessing information that does not have public permission;
• accessing any system on which you are not welcome including unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

DSL Northwest will prosecute any incident of unlawful or unauthorized access of our network.

Interference With Others:

The use of our Service in a way that adds unwarranted or undesired costs to others, or that interferes with others' use and enjoyment of the services provided by DSL Northwest, or that damages the name or reputation of DSL Northwest, is unacceptable.

Such interference may include:

The unsolicited, wide-scale distribution of messages or advertisements by email, or the multiple postings of the same information in Usenet newsgroups; the propagation of computer worms or viruses; malicious use or use intended to defame, harass or intimidate.

Unlimited Bandwidth

DSL Northwest does not charge for bandwidth on a "metered" basis nor utilize specific bandwidth limits, quotas or caps. The service is considered "Unlimited Bandwidth" meaning that DSL Northwest does not charge customers based on the bandwidth actually consumed. However, residential service is intended for the active use of an individual or family for periodic web browsing, exchange of email, online gaming, VPN connections, and other typical activities. Business accounts are intended for similar activities but for larger groups of active users and with the addition of commercial, revenue-generating uses. No DSL Northwest services are intended for continuous or automated, high-volume, unattended inbound or outbound file transfers.

In order to manage the quality and performance of the entire Network, DSL Northwest regularly reviews the overall statistics of its user community and identifies specific users with usage in excess of expected ranges for closer review. DSL Northwest may determine in its sole discretion that the service is being used in a manner inconsistent with its intended purpose and may request the customer modify its use or immediately suspend the service in certain cases. DSL Northwest may also permanently terminate the account of the user in extreme cases or if the customer fails to comply with its request to modify usage. Prospective customers who cannot or feel that they should not comply with these terms should not purchase services from DSL Northwest. Current customers who cannot or choose not to comply should deactivate their service in the normal manner described in our Billing Policies.

DSL Northwest is solely responsible for determining if an unacceptable use has occurred. Even though DSL Northwest does not review or censor materials and information which are accessible on DSL Northwest's network or other networks which may be connected to DSL Northwest's network, if DSL Northwest becomes aware that its customer is in violation of the law or this Acceptable Use Policy, DSL Northwest reserves the right to suspend or terminate Service without notice.

Generally, when DSL Northwest learns of unacceptable use, DSL Northwest will notify the party responsible who is then expected to take immediate remedial action to come back into compliance with DSL Northwest's Acceptable Use Policy. We expect to be notified of the actions taken in order to regain compliance Every effort will be made to inform the customer prior to any disconnection, and every effort will be made to re-establish the connection as soon as we have an agreement to cease unacceptable use. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

In case of repeated violations of the Acceptable Use Policy, DSL Northwest will permanently terminate Service to the customer.

Billing

DSL Northwest offers a one month discount for annual subscriptions. If you pay for a year in advance, you get one month free!

You agree to provide DSL Northwest with complete and accurate billing information at the time your account is created and to update this information within 30 days of any change. Such billing information includes, without limitation, your legal name, physical address, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.

Billing Policies - Residential

DSL Northwest bills on a monthly or yearly cycle that starts on the 5th of each month or on your anniversary date. DSL Northwest does not prorate service excluding your first partial month. Your service, and thus your billing, is in whole month or whole year increments. Statements are emailed on or about the 1st of each month. DSL Northwest DOES NOT MAIL statements via the US Postal Service.

• Monthly residential accounts are required to be paid by credit card. Yearly accounts may be paid via check, money order or credit card. We accept VISA, MasterCard, American Express and Discover.
• Credit cards for new accounts are billed the Friday following the installation date. Credit Cards for existing accounts are billed on or after the 5th of each month. All charges are due upon receipt.
• Declined credit cards will be subject to a $1.50 charge per decline.
• Accounts that have a balance 30 days or older are subject to disconnection without prior notice.
• We charge a $40 NSF fee for all returned checks.

Past Due Accounts

• All accounts with a balance 30 days past due will be charged a 15% late fee.
• Notices will be sent via email for accounts with a balance after 20 days.
• Accounts over 30 days past due will be suspended until payment is received. If the account is suspended, we will assess a $20.00 fee to reactivate it.
• Accounts 45 days past due are considered delinquent and are subject to further collection efforts.
• Accounts referred to collections will be charged a $75.00 collection fee. Collection accounts will be reported to all major credit bureaus.

If your account is suspended:

• We will assess a $20.00 reconnect fee to the account for reactivation.
• The account will be reactivated only after payment in full is received - no exceptions.

Cancellation of your service:

• Cancellations must be entered by the last business day of the month to take effect during that billing period. Cancellations submitted on or after the first business day of the month will take effect after the following billing period.
• Service must be cancelled by submitting a written request to the DSL Northwest Billing Department. Email cancellations may be directed to billing@pdx.net or cancellations may be mailed by postal service to the remittance address on your invoice. We DO NOT accept cancellation requests via telephone.
• You must receive a confirmation from a member of the DSL Northwest staff in writing via email or regular US Mail in order for the cancellation to take effect. You are liable for all charges incurred on your account until you receive this confirmation. You are responsible for canceling your account with DSL Northwest. You must contact DSL Northwest directly to cancel your account. The phone company does not contact us to cancel your account for you even if they say that they will.

Note that if you wish to increase or decrease your service level, this is not the same as canceling. Increases will be prorated, decreases will not. You can increase or decrease your service level at any time by emailing billing@pdx.net or by calling us at 503-279-XDSL (9375).

Billing Policies - Business and SOHO

DSL Northwest bills on a monthly or yearly cycle that starts on the 5th of each month. DSL Northwest does not prorate service excluding your first partial month. Your service, and thus your billing, is in whole month or whole year increments. Statements are emailed on or about the 1st of each month. DSL Northwest DOES NOT MAIL statements via the US Postal Service

• Accounts may be paid via check, money order or Credit Card. We accept VISA, Mastercard, American Express and Discover.
• Declined credit cards will be subject to a $1.50 charge per decline.
• Checks MUST have the name of the account holder preprinted on the check. We will not accept checks from third parties on behalf of a customer unless previously arranged with DSL Northwest.
• New accounts must be prepaid. Customer's paying via check must pay for the setup fee and one month in advance before service will be activated. The difference between the full month payment and the balance due for the month the account is activated will be credited to the first full month online.
• We charge a $40 NSF fee for all returned checks.
• Accounts that become 30 days past due twice will be required to move to Credit Card billing.

Past Due Accounts

• All accounts with a balance 30 days past due will be charged a 15% late fee.
• Late notices will be sent via email for accounts 30 days past due.
• Late notices will be sent via regular mail for accounts 40 days past due.
• Accounts over 50 days past due will be suspended until payment is received. If the account is suspended, we will assess a $20.00 reconnection fee.
• Accounts 60 days past due are considered delinquent and are subject to further collection efforts.
• Accounts referred to collections will be charged a $75.00 collection fee.

If your account is suspended:

• We will assess a $20.00 reconnect fee to the account for reactivation.
• The $20.00 fee will be waived if the account is moved to credit card billing.
• The account will be reactivated only after payment in full is received - no exceptions.

Cancellation of your service:

• Cancellations must be entered by the last business day of the month to take effect during that billing period. Cancellations submitted on or after the first business day of the month will take effect after the following billing period.
• Service must be cancelled by submitting a written request to the DSL Northwest Billing Department. Email cancellations may be directed to billing@pdx.net or cancellations may be mailed by postal service to the remittance address on your invoice. We do not accept cancellation requests via telephone.
• You must receive a confirmation from a member of the DSL Northwest staff in writing via email or regular US Mail in order for the cancellation to take effect. You are liable for all charges incurred on your account until you receive this confirmation. You are responsible for canceling your account with DSL Northwest . You must contact DSL Northwest directly to cancel your account. The phone company does not contact us to cancel your account for you even if they say that they will.

Note that if you wish to increase or decrease your service level, this is not the same as canceling. Increases will be prorated, decreases will not. You can increase or decrease your service level at any time by emailing billing@pdx.net or by calling us at 503-279-XDSL (9375).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

• DSL Northwest provides services hereunder strictly on an "AS IS" and "AS AVAILABLE" basis without any express guarantee or assurance of the quality, reliability or functionality. Except as expressly set forth herein, you accept all risk, including all risk with respect to suitability, use and performance of Internet connection service. DSL NORTHWEST DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In any instance involving performance or nonperformance by DSL Northwest with respect to services provided hereunder, your sole remedy shall be refund of a pro rata portion of the price paid for service which was not provided. Refunds will be provided only for periods of lost service greater than 10 business days.
• DSL Northwest will not be liable for any damage that you may suffer arising out of use, or inability to use, the Internet connection service. DSL Northwest will not be liable for indirect, consequential, incidental, or special damages even if advised of the possibility in advance. DSL Northwest shall not be liable for any lost property or data. DSL Northwest's liability for damages for any cause whatsoever, regardless of form of action, shall be limited to the amount the service fees for the three month period preceding the incident giving rise to any claim for damages.

FORCE MAJEURE

Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by the Agreement as a result of any causes or conditions that are beyond such party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.

INDEMNIFICATION

You agree to defend, indemnify and hold DSL Northwest harmless from and against any claim or demand asserted by any third party due to or arising out of use by you or services provided hereunder, including but not limited to any and all third party claims, liability, damages and/or costs (including but not limited to, attorney fees).

GOVERNING LAW AND VENUE

This Agreement and the rights of the parties hereunder shall be governed, construed and enforced in accordance with by the laws of the State of Oregon, without regard to its conflict of law principles. Any suit or action arising out of or in connection with this Agreement, or any breach hereof, shall be brought and maintained in the federal or state courts in Portland, Oregon.

Last Policy Change: April 11, 2006
Date Effective: April 11, 2006